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09-0317_CRA_Minutes_Regular MeetingMINUTES March 17, 2009 SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETINGS CLOSED SESSION: Mayor Nielsen called the March 17, 2009 Regular Meeting of the Community Redevelopment Agency Board of Directors to order at 5:33 p.m. ROLL CALL: BOARD MEMBERS PRESENT: Sam Allevato, Mark Nielsen, Dr. Londres Uso, Vice Chair Laura Freese, and Chairman Tom Hribar BOARD MEMBERS ABSENT: None PUBLIC COMMENT — CLOSED SESSIONS ITEMS: None CLOSED SESSION (610.85): A Closed Session was held for the following purposes, as authorized by statue. a. Pursuant to Government Code section 54956.8, the Agency Board of Directors conferred with its Real Property Negotiator (Executive Director and Economic Development Manager) concerning the price and terms of payment for the purchase, sale, and possible lease -to -buy transaction for property located at 33375 Camino Capistrano (APN 121-240-50). The Negotiating parties included Borrego Development, Inc. and Roger Hogan. Chairman Hribar recessed the meeting of the Community Redevelopment Agency Board of Directors to conduct the City Council meeting. BUSINESS SESSION Chairman Hribar called the March 17, 2009 Regular Meeting of the San Juan Capistrano Community Redevelopment Agency Board of Directors to order at 9:01 p.m. DIRECTORS PRESENT: Sam Allevato, Mark Nielsen, Dr. Londres Uso, Vice Chair Laura Freese, and Chairman Tom Hribar DIRECTORS ABSENT: None ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Chairman Hribar announced that no reportable actions were taken in Closed Session. 03-17-2009 Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. CONSENT CALENDAR Board Action: Moved by Director Uso, seconded by Director Nielsen, and carried unanimously, to approve Consent Calendar items 1 and 2 as recommended by staff. 1. COMMUNITY REDEVELOPMENT AGENCY MINUTES — SPECIAL AND REGULAR MEETING OF MARCH 3,2009; APPROVED AS SUBMITTED 2. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 26, 2009, IN THE TOTAL AMOUNT OF $748,734.55, RECEIVED AND FILED (300.30) 3. AGREEMENT APPROVED FOR RECIPROCAL CONVEYANCE OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR A PORTION OF ASSESSOR'S PARCEL NO. 121-240-36 AND AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT (600.40) Douglas D. Dumhart, Economic Development Manager, provided an agenda report and responded to questions. Board Comments: • Concerns with appraisal requested at the expense of the Redevelopment Agency. Board Action: Moved by Vice Chair Freese, seconded by Director Uso, and carried unanimously, to approve the agreement for reciprocal conveyance of real property and escrow instructions for a portion of assessor's parcel no. 121-240-36; and Executive Director authorized to execute agreement. PUBLIC HEARINGS: None BOARD ACTIONS: D1. PERSONAL SERVICES AGREEMENT APPROVED IN THE AMOUNT OF $70,000.00 WITH THE BUXTON COMPANY TO PREPARE A RETAIL ECONOMIC DEVELOPMENT STRATEGY. Douglas D. Dumhart, Economic Development Manager, provided an agenda report and responded to questions. Mary Lou Jacobs, Buxton Company, provided a slide presentation and responded to questions. 2 03-17-2009 Public Comments: ■ William Griffith, City resident, spoke in support of agreement, and felt data will help point out hidden opportunities for businesses in the City. ■ Dusty Otero, City resident, did not support going forward with the agreement. ■ Eric Altman, Chamber of Commerce president, spoke in support of the Retail Strategy plan for the City. Board Comments: • Brings vitality and improvement to the rehabilitation of downtown. ■ Forming a subcommittee to discuss specific evaluations and branding. Board Action: Moved by Vice Chair Freese, seconded by Director Allevato, and carried unanimously, to approve a personal services agreement with The Buxton Company to prepare a retail economic strategy in the amount of $70,000.00. D2. COMMERCIAL REHABILITATION LOAN FOR ASSISTANCE APPROVED IN THE AMOUNT OF $450,000 TO REGENCY THEATERS AND STAFF DIRECTED TO PREPARE LOAN DOCUMENTS FOR THE BOARD OF DIRECTORS CONSIDERATION. Douglas D. Dumhart, Economic Development Manager, provided an agenda report and responded to questions. Public Comments: ■ Orville Benskin, owner of Napa Valley Bar, spoke in support of the theatre; his concerns were with the competition of the VIP area serving wine and beer. ■ John Loper, Newport Beach resident, felt a theatre in town will be of great asset; and spoke regarding his experience as a landlord for Regency Theatre. ■ Eric Altman, Chamber of Commerce Director, felt the theatre will be successful and will bring quality tenants to downtown. ■ Douglas D. Dumhart, Economic Development Manager, read into the record a letter received February 18, 2009 from Ryan K. Hirota, Berger Kahn Law Corporation, expressing concerns regarding plans for the Franciscan Theater building on behalf of his client, Mitchell Land & Improvement Company and Collins Holdings, LLC. Board Comments: ■ Theatre opening will greatly help rehabilitation of Downtown. Board Action: Moved by Director Nielsen, seconded by Vice Chair Freese, and carried unanimously, to approve the concept of a commercial rehabilitation loan of assistance for Regency Theaters in the amount of $450,000; staff directed to prepare loan documents for the Board of Directors consideration. 3 03-17-2009 ADJOURNMENT: There being no further business, Chairman Hribar adjourned the meeting at 10:31 p.m. to Tuesday, March 17, 2009 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public Business Session in the City Council Chamber. itted, MARIA MORRIS, DIEPUTYf AGENCY SECRETARY Approved: April 7, 2009 ATTEST: ; THOMAS W. HRIBAR, CHAIRMAN 03-17-2009